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Marcos Calcano v. March Products, Inc.

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing March Products, Inc. for failing to make its website, www.californiaumbrella.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing products and services, violating the Americans with Disabilities Act (ADA) and related New York laws. Calcano seeks a permanent injunction requiring the defendant to improve website accessibility and compensatory damages for the discrimination faced. The complaint highlights specific access issues encountered by Calcano, including lack of alternative text for images and broken links.

About the defendant

Operates an online retail store selling umbrellas, parts, and accessories, providing information about products, pricing, terms of service, and policies.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired individuals.
  • Plaintiff encountered multiple access barriers preventing full use of the website.
  • Defendant failed to comply with WCAG 2.0 guidelines.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violations of the ADA
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
  • A declaration that Defendant’s website discriminates against the blind.
  • Compensatory damages for violations of civil rights under New York laws.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.